Terms and Conditions
We welcome you to My SmartShop– An online Tech review website.
Please read these Terms and Conditions (“Agreement”, “Terms of Service”) carefully before using My SmartShop (“the Site”) operated by My SmartShop (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site including the Services offered at www.mysmartshop.co.uk. If, for any reason, you do not want to agree to these Terms & Conditions, you must not access or use our Site in any manner.
By using this Site or accessing any of our services, you consent to these Terms of Service, including, without limitation all terms herein regarding our collection, use and data storage.
3. Use of the Service
Without limitation, you will not post or transmit to other users any User Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
- promotes or encourages violence or contains sexually explicit material;
- is inaccurate, false or misleading in any way; is illegal or promotes any illegal activities; contains personal information of any party such as phone numbers, addresses, etc;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that The Site is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
5. Electronic Communication
When you visit MySmartShop or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MySmartShop or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MySmartShop, with copyright authorship for this collection by MySmartShop, and protected by international copyright laws.
7. Intellectual Property
Intellectual property and other laws in the UK and in other countries protect the audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”). You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and MySmartShop, MySmartShop will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You may not directly use any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content. You may not upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content.
In addition, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the My SmartShop video player (the “Video Player”); any of the Video Player’s underlying technology; or any digital rights management mechanism, or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Video Player in any manner that enables users to view Content without:
- visibly displaying both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and
- having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
8. Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- In order to contract with MySmartShop, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MySmartShop retains the right to refuse any request made by you.
- If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be MySmartShop or in some cases be a third party.
- Where a contract is made with a third party, MySmartShop is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
- When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. When buying an item, you agree to the rules for buyers and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item and your offer for an item is accepted.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the funds paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
9. User Submission
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to My SmartShop and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those. User Submissions. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
- The User Submission may still exist in our backup copies, which are not publicly available.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions and we will not be liable of any loss or damage resulting from User Submissions. We also do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area.
10. Third Party Content
BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE.
You will defend, indemnify and hold harmless MySmartShop, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Parties”) with respect to all third party claims, costs (including attorney’s fees and costs). In addition, we will be held harmless of any damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services including use of your account and claims arising from User Submissions. MySmartShop retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim.
MySmartShop shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Future, to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Future’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Future in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999
If you have any dispute with or claim against us or any of our affiliates arising out of our Services or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department, you and we each agree to resolve such Claim through an individual binding arbitration.
Before you or we commence an arbitration with respect to a Claim, you must first send to My SmartShop a written notice of your claim or we must send a written notice of our claim to you (“Notice”). Your Notice must;
- be sent by certified mail;
- be addressed to My SmartShop;
- describe the nature of your Claim; and
- specify the damages or other relief you seek.
If we do not then resolve the Claim within 30 days after receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
We may be required by law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision
You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person.
16. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all agreements between you and MySmartShop. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a representative of MySmartShop.
If you have any questions about this Terms and Conditions, please feel free to Contact Us.
Last updated: May 15, 2017
17. What are cookies?
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you. Cookies can be “persistent” or “session” cookies.
When you use and access the Service, we may place a number of cookies files in your web browser.
- Remember what is in your shopping basket
- Remember where you are in the order process
- Remember that you are logged in and that your session is secure. You need to be logged in to complete an order
We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In certain cases, the Websites may also employ flash cookies. Flash cookies are used to improve and enhance your web browsing experience (such as enabling advertising to be specifically tailored to your interests or facilitating purchases to be transferred to your shopping basket when making a purchase). For further details about flash cookies, please visit http://kb2.adobe.com/cps/526/52697ee8.html
19. Third-party cookies
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
20. What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Last updated: May 15, 2017
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
2. Personal identification information
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal identifiable information may include, but is not limited to your name (“Personal Information”).
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site.
Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
3. Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.
- Web browser cookies
MySmartShop may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.7. Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
9. Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
10. Contact us
Return & Refund Policy
Last updated: May 15, 2017
Thanks for shopping at MySmartShop.co.uk.
At MySmartShop, we take pride in our quality products and services and we value our relationship with you. If at any time you feel our products do not meet your needs please return the item by following our e-commerce return policy within the applicable 15 day period.
How to Return a Product Purchased from our E-Commerce Site
- No e-commerce returns will be accepted without a prior notice to us.
- A Return Authorization may be requested up to 15 days from the shipping invoice date.
- To secure the appropriate return authorization information contact us via email at email@example.com
- Returns and refunds are only accepted for items purchased via our online store.
- Items must be returned in its original condition and including the original packaging. Once we receive your item, we will inspect it and notify you that we have received your returned item.
- It is highly suggested to use a traceable shipping method for all returned items.
- If an item is being returned for credit, no credit will be issued until the item has been inspected. If your return is approved, we will initiate a refund to your credit card (or original method of payment). At our discretion, we may issue a company check to reimburse you instead.
- Shipping and handling charges are not refundable and are paid by you. The customer is responsible for all shipping charges and insurance on all return shipments.
- A 10% inspection and restocking fee will apply to all returns.
- Any deviation from the return policy outlined above will result in a delay of your refund, additional restocking fees or refusal of your return
21. Contact Us
If you have any questions on how to return your item to us, contact us.